Durga Parmar vs State Of Rajasthan
2022 Latest Caselaw 6071 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3915/2022 Durga Parmar D/o Shri Goutam Lal Parmar, Aged About 32 Years, R/o Village And Post Thikariya, Tehsil Garhi, District Banswara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Kailash Jangid. For Respondent(s) : Mr. Pankaj Sharma, AAG Mr. Deepak Chandak.

HON'BLE MR. JUSTICE ARUN BHANSALI Order 25/04/2022

This writ petition has been filed by the petitioner seeking

direction to permit the petitioner to change her category from

TSP-ST (Women) for the post of General Teacher Level I (TSP) to

TSP-ST (Widow).

Submissions have been made that after the petitioner filed

her online application on 08.02.2022, her husband died on

18.02.2022 and the last date of filing the application was

16.02.2022.

Submissions have been made that in view of the judgment of

this Court in State of Rajasthan & Ors. Vs. Jamna Rajpurohit: D.B.

Civil Special Appeal No.82/2013, decided on 30.08.2013, the

petitioner is entitled to get her category changed and, therefore,

the respondents may be directed to do the needful.

(2 of 2) [CW-3915/2022]

Learned counsel for the respondents made submissions that

though there is no dispute about the facts, however, law in this

regard is now crystallized by judgment of this Court in State of

Rajasthan & Anr. Vs. Jagdish Prasad & Anr.: D.B. Civil Special

Appeal (Writ) No.611/2016, decided on 09.09.2016, wherein, the

Division Bench after noticing the judgment in the case of Jamna

Rajpurohit (supra) came to the conclusion that the judgment in

the case of Jamna Rajpurohit (supra) was per incuriam and

consequently, similar relief prayed for was declined and, therefore,

the petitioner is not entitled to any relief.

I have considered the submissions made by learned counsel

for the parties and have perused the material available on record.

The petition has been filed by the petitioner relying on

judgment in the case of Jamna Rajpurohit (supra), the Division

Bench in the case of Jagdish Prasad (supra) qua the judgment in

the case of Jamna Rajpurohit (supra) inter-alia observed as

under:-

"In Jamna Rajpurohit (supra) significantly the Division Bench itself observed that permitting charge of category after the last date for submission of applications would make the selections an unending process and yet proceeded to direct it to be done on basis of sympathy. Jamna Rajpuorhit (supra) has therefore to be held as per incuriam. The order under appeal based upon the same is also held to be unsustainable."

In view of the Division Bench judgment in the case of Jagdish

Prasad (supra) holding the case of Jamna Rajpurohit (supra) as

per incuriam, the petitioner is not entitled to any relief.

Consequently, the petition is dismissed.

(ARUN BHANSALI),J 77-pradeep/-

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